Roguish Lawyer
05-31-2007, 10:49
This is an old article I just found. It was published in September 2003 by one of my favorite college professors, Harold Rood. Professor Rood rarely publishes anything, so I was delighted to find this. I am extremely interested in what you gentlemen think about the article. It is a little long, so I will spread it across several posts.
http://www.claremont.org/publications/crb/id.814/article_detail.asp
The Long View: Democracy And Strategy In Iraq
By Harold W. Rood
Posted September 1, 2003
This article appeared in the Fall 2003 issue of the Claremont Review of Books.
A war that ought, perhaps, to have been properly finished 12 years ago, came to a close in May 2003. The war achieved the good consequence of relieving the Iraqi people of an evil tyrant. The victorious coalition is now engaged in the complicated task of establishing good order in Iraq while handing the country back to its own people to rule themselves. Despite the drumbeat of media impatience that began on day one, this will be a long process taxing our wisdom and resolution of purpose. And despite expert commentary suggesting otherwise, this effort is not unique; history does offer some useful perspective as we go forward. Yet, noble as it is to remove an evil tyrant and to help a tyrannized people achieve a liberty they have never known, this is not why we went to war. We went to war because strategy required it. That, in the end, may be the hardest thing for us, as a democratic people, to come to grips with.
Establishing Order
The establishment of good order in Iraq depends on the judicious exercise of military power to suppress violent resistance, the restoration of the public services, and ultimately the will of the Iraqi people. Although the military coalition came into Iraq as liberators, the Iraqi population greeted it with a mixture of relief, fear, and hostility. What seemed like liberation to the coalition looked like a war of conquest to some or even most Iraqis. And they must realize that they have not been freed of despotism through their own endeavors but by a bunch of foreigners with lots of big tanks, aircraft, and much high explosive.
Having found ways to survive, more or less, under a dictatorship, the Iraqis are now expected to recover from a war they couldn't win and take responsibility for ruling themselves.
Iraq has never before been a place where political freedom has flourished. The "operative ideal" of democratic government, that liberty is the birthright of all people, is something to which the Iraqis need to be introduced, along with the principle that government is a public service to be exercised according to law. If free peoples elsewhere take these things for granted, the Iraqis have to be brought to discover them; a matter of time, patience, and enduring effort.
Political turbulence is the principal tradition that Iraqis have to look back upon since the country's independence from four centuries of rule by the Ottoman Empire, which suppressed turbulence by force. The more recent dictatorship used terror and force as the basis of civil government. Access to the reins of government by the citizens of Iraq has not been, since 1918, a characteristic of the Iraqi constitution. Iraq has the wealth in its people and resources to become a prosperous state. But miracles cannot be expected, nor can it be expected that Iraq will quickly evolve into a stable democracy. On this point, the experience of the leading Western democracies speaks volumes.
Democracy and the Lessons of History
The United Kingdom is one of the handful of democracies in the world. But its constitutional evolution took over 700 years. The quarrels between King John and his barons, neither of which were democratic, forced the king to issue the Great Charter of Liberties known as the Magna Carta in 1215. This was no more than the careful spelling out of the king's customary obligations to his subjects as they were understood to have been "since time immemorial." The principle implicit and explicit in the Charter was that the king must respect the rights of his subjects and that if he did not he could be compelled to do so by law. The king swore that no freeman could be arrested, imprisoned, outlawed, exiled, or otherwise destroyed, save by the lawful judgment of his peers and by the law of the land. No payment to the king, save those already customary, could be compelled unless by common counsel of the kingdom. That would become, by the end of the 13th century, the principle that matters of national importance, like taxation, could only be decided by common consent of the realm, for "what touches all must have the consent of all." That the Great Charter was issued again and again marked its significance at the time and lent it a certain perpetuity.
The emergence of parliament as the agency for expressing the common consent of the realm occurred over the next 400 years. Out of that, the elected House of Commons emerged over 200 years as the body upon which national government would be based. A democratically elected House of Commons only evolved beginning with the Reform Act of 1832 and through subsequent acts extending the franchise until 1918, when women, over age 30, were granted the vote. The long evolution of the United Kingdom into a parliamentary democracy took place in the course of wars, internal uprisings, conflicting partisan interests, and all the diverse machinations and frictions that a community generates in the name of politics and government.
The Americans who dwelt in the British North American colonies were more fortunate than their British cousins. They came to rule themselves out of necessity when the English were distracted from that task by civil war at home and threats to the kingdom and empire from abroad. The defeat of France and its expulsion from North America after the close of the French and Indian War—the Seven Years War in Europe—in 1763 found the colonies so attached to self-rule that they resisted the reassertion of English authority.
English efforts to restore imperial control over the colonies became intolerable, and within 12 years the colonies asserted their independence and fought a war to secure it. Yet it was another 12 years after the Declaration of Independence before the colonies, now states, had a constitution for their federation. Even then it wasn't until 1790 that Rhode Island adopted the Constitution. Seventy years later, the Constitution was challenged by the Southern states in a great and bloody civil war.
If that war settled, at last, the terrible issue of slavery, it would be another century before Americans, descendants of those slaves, would have their rights as citizens finally embedded in law in the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Even in a nation founded on the principle of democratic representation, the progress toward democracy was hardly instantaneous, nor without pain and conflict.
The nations fighting the war and establishing order in Iraq have had the benefit of much commentary from French and German officials and media, warning about the difficulties facing their endeavors. Both the French and the Germans speak from painful experience, the one of liberation after defeat, and the other of defeat, surrender, and occupation. France returned to the rule of its own people between the liberation of Paris by the French Resistance and the 2nd French Armored Division in August 1944 and the final clearing of the last German forces from France in May 1945. While Allied and Free French forces struggled to clean France of Germans and to advance into Germany, France did not immediately settle into good order. The black market, organized crime, political retribution for the defeat of 1940 and collaboration with the Nazis set the atmosphere for re-establishment of civil government in France. Not the least of the difficulties was the struggle with the Communists who had helped the Germans to defeat France in 1940. The unofficial and extra- legal purge of collaborators or supposed collaborators accounted for perhaps 9,000 persons. The official purge accounted for maybe 150,000 of which 50,000 were stripped of their civil rights while 25,000 who had been in the Vichy administration were variously punished. All of that amid the necessity to restore public services and civil government, deal with the consequences of Nazi looting of the country's resources, and repair the damage left by Allied bombing and the battles for the liberation of France. It was 14 years after the liberation of Paris before the French people could settle on a Constitution that would endure, at least to 2003. But the French people dealt with such matters themselves.
* * *
[continued next post]
http://www.claremont.org/publications/crb/id.814/article_detail.asp
The Long View: Democracy And Strategy In Iraq
By Harold W. Rood
Posted September 1, 2003
This article appeared in the Fall 2003 issue of the Claremont Review of Books.
A war that ought, perhaps, to have been properly finished 12 years ago, came to a close in May 2003. The war achieved the good consequence of relieving the Iraqi people of an evil tyrant. The victorious coalition is now engaged in the complicated task of establishing good order in Iraq while handing the country back to its own people to rule themselves. Despite the drumbeat of media impatience that began on day one, this will be a long process taxing our wisdom and resolution of purpose. And despite expert commentary suggesting otherwise, this effort is not unique; history does offer some useful perspective as we go forward. Yet, noble as it is to remove an evil tyrant and to help a tyrannized people achieve a liberty they have never known, this is not why we went to war. We went to war because strategy required it. That, in the end, may be the hardest thing for us, as a democratic people, to come to grips with.
Establishing Order
The establishment of good order in Iraq depends on the judicious exercise of military power to suppress violent resistance, the restoration of the public services, and ultimately the will of the Iraqi people. Although the military coalition came into Iraq as liberators, the Iraqi population greeted it with a mixture of relief, fear, and hostility. What seemed like liberation to the coalition looked like a war of conquest to some or even most Iraqis. And they must realize that they have not been freed of despotism through their own endeavors but by a bunch of foreigners with lots of big tanks, aircraft, and much high explosive.
Having found ways to survive, more or less, under a dictatorship, the Iraqis are now expected to recover from a war they couldn't win and take responsibility for ruling themselves.
Iraq has never before been a place where political freedom has flourished. The "operative ideal" of democratic government, that liberty is the birthright of all people, is something to which the Iraqis need to be introduced, along with the principle that government is a public service to be exercised according to law. If free peoples elsewhere take these things for granted, the Iraqis have to be brought to discover them; a matter of time, patience, and enduring effort.
Political turbulence is the principal tradition that Iraqis have to look back upon since the country's independence from four centuries of rule by the Ottoman Empire, which suppressed turbulence by force. The more recent dictatorship used terror and force as the basis of civil government. Access to the reins of government by the citizens of Iraq has not been, since 1918, a characteristic of the Iraqi constitution. Iraq has the wealth in its people and resources to become a prosperous state. But miracles cannot be expected, nor can it be expected that Iraq will quickly evolve into a stable democracy. On this point, the experience of the leading Western democracies speaks volumes.
Democracy and the Lessons of History
The United Kingdom is one of the handful of democracies in the world. But its constitutional evolution took over 700 years. The quarrels between King John and his barons, neither of which were democratic, forced the king to issue the Great Charter of Liberties known as the Magna Carta in 1215. This was no more than the careful spelling out of the king's customary obligations to his subjects as they were understood to have been "since time immemorial." The principle implicit and explicit in the Charter was that the king must respect the rights of his subjects and that if he did not he could be compelled to do so by law. The king swore that no freeman could be arrested, imprisoned, outlawed, exiled, or otherwise destroyed, save by the lawful judgment of his peers and by the law of the land. No payment to the king, save those already customary, could be compelled unless by common counsel of the kingdom. That would become, by the end of the 13th century, the principle that matters of national importance, like taxation, could only be decided by common consent of the realm, for "what touches all must have the consent of all." That the Great Charter was issued again and again marked its significance at the time and lent it a certain perpetuity.
The emergence of parliament as the agency for expressing the common consent of the realm occurred over the next 400 years. Out of that, the elected House of Commons emerged over 200 years as the body upon which national government would be based. A democratically elected House of Commons only evolved beginning with the Reform Act of 1832 and through subsequent acts extending the franchise until 1918, when women, over age 30, were granted the vote. The long evolution of the United Kingdom into a parliamentary democracy took place in the course of wars, internal uprisings, conflicting partisan interests, and all the diverse machinations and frictions that a community generates in the name of politics and government.
The Americans who dwelt in the British North American colonies were more fortunate than their British cousins. They came to rule themselves out of necessity when the English were distracted from that task by civil war at home and threats to the kingdom and empire from abroad. The defeat of France and its expulsion from North America after the close of the French and Indian War—the Seven Years War in Europe—in 1763 found the colonies so attached to self-rule that they resisted the reassertion of English authority.
English efforts to restore imperial control over the colonies became intolerable, and within 12 years the colonies asserted their independence and fought a war to secure it. Yet it was another 12 years after the Declaration of Independence before the colonies, now states, had a constitution for their federation. Even then it wasn't until 1790 that Rhode Island adopted the Constitution. Seventy years later, the Constitution was challenged by the Southern states in a great and bloody civil war.
If that war settled, at last, the terrible issue of slavery, it would be another century before Americans, descendants of those slaves, would have their rights as citizens finally embedded in law in the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Even in a nation founded on the principle of democratic representation, the progress toward democracy was hardly instantaneous, nor without pain and conflict.
The nations fighting the war and establishing order in Iraq have had the benefit of much commentary from French and German officials and media, warning about the difficulties facing their endeavors. Both the French and the Germans speak from painful experience, the one of liberation after defeat, and the other of defeat, surrender, and occupation. France returned to the rule of its own people between the liberation of Paris by the French Resistance and the 2nd French Armored Division in August 1944 and the final clearing of the last German forces from France in May 1945. While Allied and Free French forces struggled to clean France of Germans and to advance into Germany, France did not immediately settle into good order. The black market, organized crime, political retribution for the defeat of 1940 and collaboration with the Nazis set the atmosphere for re-establishment of civil government in France. Not the least of the difficulties was the struggle with the Communists who had helped the Germans to defeat France in 1940. The unofficial and extra- legal purge of collaborators or supposed collaborators accounted for perhaps 9,000 persons. The official purge accounted for maybe 150,000 of which 50,000 were stripped of their civil rights while 25,000 who had been in the Vichy administration were variously punished. All of that amid the necessity to restore public services and civil government, deal with the consequences of Nazi looting of the country's resources, and repair the damage left by Allied bombing and the battles for the liberation of France. It was 14 years after the liberation of Paris before the French people could settle on a Constitution that would endure, at least to 2003. But the French people dealt with such matters themselves.
* * *
[continued next post]